Dutch War Crimes Trials

Sentence

(Ti-Lj <S '

In the name of the i^ueenl I'Ll i 1. 1* >'

The Temporary Court-martial in BATAVIA in the case of the
Prosecutor, ratione officii, against:

I3HIKAAA HlhO YUKI,

aged 33, born in hiroshima-Ken. Hiroshima-shi,
Furuta-machi, Japan < 13— 1 +-191^+5 > sergeant
(reserve) in the Japanese army, now detained
in "TJIPINANG" prison, Leester Cornelis.

In view of the order dated 5th. April 1948 issued by the Prose¬
cutor submitting the case for trial by the Temporary Court-martial,
in which order the accused is charged:

that he, in RANJOE-BIROE, at anyrate in the Ilctherlands Last
Indies, in or about April 194? therefore in time of war, as a subject
of the enemy power Japan, in h-is function as assistant Commandant
of the civilian internment Camp (women's camp), BANJOEBIROE, No. 11,
committed war crimes by , in the said camp, contrary to the laws
and customs of war, intentionally ill-treating and causing to be ill-
treated in a way far exceeding the normal exercise of discipline the
women JOYCE van der Y<0LK and STANS BRINK, interned in the said camp,
he having first stuck the said girls a number of times with a riding
whip on among other things the face and then made them kneel on the
gravel in front^cehind their back and a piece of bamboo placed in
the hollow behind their knees, and made them remain in this attitude,
exposed to the rain, wind and cold, from about 8 p.m. till about
9 a.m. the following morning, which bad treatment caused the bodily
and mental suffering of the victims:

which acts are provided for and made punishable by art. 4 and following
of the Yi'ar Crimes Penal Law Decree, Statute Book 1946 no. 45;

In view of the summons and writ of 9th April 1948 whereby the
accused is called upon to appear at 8.30 am on Lionday, 19th April 1948,
at the sitting of the Temporary Court-martial in BATAVIA, holding
its session in the building of the Supreme Court of the Netherlands
East Indies, no. 1 Y/aterlooplein;

In view of the demand by the Prosecutor, read out and then
handed to the Court-martial, to the effect that the aforesaid Temporary
Court-martial shall declare the accused guilty of the war crime:

"Bad treatment of interned civilians" and on that account sentenci
him to five years * imprisonment :

In view of the documents of the case,in so far as use was made
of them and they shov/n to and seen by the accused;

In view of that which v/as put forward in his defence by the
accused and his counsel;

Considering that at the sitting the accused has declared in
substance:

I admit that at the time and place mentioned in the charge
I carried out the function of assistant-commandant of Civilian
internment Camp no. 11 in BANJOEBIROE and was then guilty of ill-
treatment of the interned girls, JOYCE van der Y10LK and STANS BRINK,
but this was not as serious as specified in the charge .

They having infringed the greeting order and struck a sentry
on duty I gave them two or three blows on the shoulder with a 50cm.
long dog-whip, then had their hands/ tied behind their back with
a bit of cord and placed them in a kneeling position in front of
the guard-room. This took place at about 7 p.m. Towards 10.^'clock
that same evening before going to sleep I ordered a Heiho (an
Indonesian volunteer) to v.ake me at mid-night because I intended
to release the girls then. The Heiho did not follow my orders how¬
ever, with the result that I slept on until next morning and so the

-girls-

of the guard- room, their hunds bound

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I

girls being punished remained out of doors all night. I released
them at once and had coffee anc bread given to them.

I deny having had a bamboo stick put in the hollow behind
the girls' knees.

I punished them in order to avoid the matter being taken
before higher authorities, for the girls would then certainly have
been punished by a length^period in the cells lor what they had done.

Considering that at the sitting the accused was then shown
the statements made during the general investigation by the follo¬
wing witnesses, who confirmed their statements on oath and in
substance have declared:

Ist.witness - tlrs. H.J.W. RUYl'ER n6e CASSt (dated ifcth December 1947
no. 21464/R):

" After being beaten the girls had their hands tied behind
their back with a thick bit of cord and they were made to kneel
down outside the guard hut in front of the guard. This lasted from
about 7 p.m. till 9 o'clock the following morning. It rained that
night and the girls were wet through, their hands were swollen and
blue, their knees also, so that they could no<T feel their legs any
longer and had to walk between Mrs Prins and me.

ISHIKAV/A himself beat the girls".

2nd. witness - Miss J. van der WOLK (dated l6th. December 1947 no.
22274/R).

"The Jap accompanied us with a dog-whip he had taken from
the wall. He gave STAR'S and me in turns a few cuts on the face with
it. STANS and I then had to kneel down on the gravel right in
front of the guard and a Heiho (the same one who had beaten us
in the morning) put a long bamboo in the hollow behind STANS'- and
my knees, while the Heiho tied our hands at the wrist with a cord
behind our back. All this was done by the Jap's instructions. We
had to remain in this attitude till about 9 o'clock next day. He
often used to hit people with his hand and was gruff and surly."

3rd. witness - LIrs. h'. van R03SUM DUCKXRTTEL n6e RUITENBLRG
(dated 17th. January 194b no. 22277/R)

"Towards evening, or perhaps earlier that day, I went to
f the guard to see what was true of the story.I saw both girls kneeling

on the ground 5 metres away with their hands tied on their back
and a bamboo in the hollow behind the knees. As a result of this I
went at about 10 o'clock that evening with a lady whose name I don't
remember but who was the head of Jo's block, to the Japanese Comman¬
dant's office and I asked him if he would forgive the girls who
v/ere being punished. The Jap was ISHIKAAA .'

Next morning at 7 o'clock I saw them still kneeling. I
think they were already lying on one side with their arms bound
behind their back. I do not remember whether the bamboo was still
behind their kees.

ISKIKAY/A never hit people and treated us fairly reasonably.
At least he never acted in a bullying and cruel way and himself al¬
ways set an example in the work."

Considering that the Court, in spite of the accused's
denial of being guilty of the ill-treatment of JOYCE van der Y.’OLK and
STANS BRINK to the extent with which he is charged, considers it
legally and convincingly proved by the indications contained in the
witnesses' statements, taken in connection one with the other, that
the accused at the time and place as specified in the indictment
fulfilled the function of assistant-commandant in the Civilian
Internment Camp no. 11 in BANJOEBIROL, and as a subject of the
enemy power Japan was guilty of the acts with which he is charged;

-considering-

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Considering that these fully proved acts constitute the war
crime to be qualified further on, provided for and made
punishable by art. 1 of the Definition of Vlar Crimes Decree
(Statute Book 1946 no. 44) in conjunction with art. 4 of the
'•ar Crimes Penal Law Decree (Statute Book 1946 no. 45),
wherefore the accused must be declared guilty thereof and
sentenced on that account:

Considering that the war crime committed by the accused
is in its nature serious, but that opposed to it can be set
the fact that it has not appeared that during his term of office
in Camp no. 11 in BAI.DJOEBIROE the accused carried out, or
caused to be carried out, any other ill-treatment and that
according to witness tors. to. van ROSSUto DUCKATTEL n6e RUITEN-
BURG, he treated the internes in a fairly humane ways

Considering that the Court-martial, taking into account
the afore said fact# and circumstances and the circumstance
that, according to the Prosecutor, the accused has already
been in custody since 22nd. February 1946, judges a sentence
of three years * imprisonment to be correctly poportioned to
the gravity of the crime committed by the accused and his
guilt thereof, and considers the demand of 5 years made by
the Prosecutor to be too heavy;

In view of the provisions of law quoted above and of
Statute Book 1946 no. 74;

Adplpigterjpg. tfre J,?w:

Declares the accused named at the head of this,

ISIIIKAV.’A . HIROYUftI ,

guilty of the war crime with which he has been charged:

"Bad treatment of interned civilians."

Sentences him on that account to THRKE YEARS' imprisonment

Sentence passed on 19th. April 1948 by

Col. Dr. J.H. PETER President

1st. Lieut. R. ROOSEGAARDE- )

BISSCHOP ) toembers

1st. Lieut. J.A. SCHWANTJE )

in the presence of

A.V. de 1EAU, ’..'arrant officer 1st. class, Secretary^
summed up and decreed 22nd April 1948.

Noted by me:

The Secretary, The President,

S/ A.V. de IEAU S/ J.H. PETER

toembers,

S/R.ROOSEGAARDE-BISSCHOP
S/J.A, SCHWANTJE.

Fiat of execution of the above sentence granted this day, 7th
toay 1946, by me Dr. to.A.F. ZWAGER, Resident, Head of the
Temporary Administration, BATAVIA.

The Resident, Head of the Temporary
/‘.dministration, BATAVIA,

S/A.Z..AGER.

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Pronounced at the sitting of the Temporary Court-martial
on 11th May 1946 by Lt. Col. Dr. J. la RIVIERE, president,
Major Dr. L.F. de GROCT, 1st. Ileut. Dr. A. UYT den BOGAARD,
members, the president, Col. Dr. J.H. PLTER and members,

R. ROOSEGAARDE BIS6CH0P and J.A. SChl/ANTJE being prevented
by other official duties from being present, in the presence
of 1st. Lieut. Dr. W. GEURTS, secretary, Dr. J. DIEPHUIS, pro¬
secutor, the accused and his counsel.

Noted by me:
The Secretary,
S/ V/. GEURTS.

The President,

S/ J. La RiviSre.

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